Is an employer required to create an additional position to accommodate a disabled employee?
Ontario, Canada
The following excerpt is from Revera Long Term Care Inc. v Service Employees International Union, Local 1 Canada, 2016 CanLII 78549 (ON LA):
In Hamilton Health Sciences v. Ontario Nurses’ Association (2012), 232 L.A.C. (4th) 334 Arbitrator J. McNamee, at paragraph 38, stated that the authorities are unanimous that the employer is not required to create an additional position [underlining added]: “It therefore follows that the only realistic way to ensure that all of the Team Leader functions could be carried out, even on the day shift, would be to schedule an extra employee to the unit … The authorities are unanimous, and I agree with them, that an employer is not required to accommodate to the extent that it provides another employee specifically for the purpose of assisting a disabled employee to perform the essential duties of his/her job.”
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